Property transferred without consent of legal heirs

You have asked the same question in a different thread today itself in a different manner, however the answer is same that your father's properties shall devolve equally on all his legal heirs.

Thanks for your advice. Now what is the remedy for mother not sharing the information about will.

The father's oral wish cannot be a Will.

Why do you unnecessarily wait for the Will or any other documentary evidences 

Since you are one of the legal heirs to your father, you can proceed with a suit for partition without your mother's consent or NOC,

you have all rights over your share in that property, hence don't waste your time by freqeuntly visting such forums instead contact a local advocate and file the suit as suggested 

You can file a partition suit in the local court.

File a suit for partition through a local prudent lawyer without waiting for some testamentary document, if any.

What about the gift deed which is already executed 

You are worried about your rights hence don't take the gift deed executed already into consideration. 

You can concentrate on the partition and separate possession of your rightful share in the property. 

The posting suggests deeper issues. Please post complete facts.

Who are the legal heirs? In other words, how many are your siblings? Are all of them alive? If not, who are their legal heirs?

Who is this "grandson"? Is he your own son?

We are 3 sisters and one brother. The grandson is the son of my brother. All the siblings are alive 

As already suggested, you file a suit for partition with all the other legal heirs as defendants. In the course of the proceedings you may need to implead the said grandson as an additional defendant, if the pleadings in the written statement so warrant.

Thanks. To prove legal heir what is the procedure?

Pleadings are sufficient to take care of this aspect.

Dear Tejinder Sethi,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your query is YES. You can claim your share in the property if there is no will involved.

Property inheritance and succession in India is mainly governed by the Hindu Succession Act, 1956. As per the same, the son is a legal heir to the intestate father’s self acquired property, and is a Class I legal heir, meaning they have more legal priority over the grandchildren. Also, the wife along with the children have equal claims towards her husband’s property, and can claim her share of the property.

But it must also be understood that as it is a self acquired property, the father may choose to not include his son in the will during its creation, which cannot be legally questioned by the son. The son cannot have any legal claim towards it in this case.

If the mother claims that there is no will, then you may choose to file a partition suit in Court seeking to divide the property equally between all the legal heirs, after which the Court may create a partition deed to divide the property equally between the legal heirs. The mother may choose to gift her share of the property to her grandchildren, which, being a self acquired property, cannot be questioned by her children.

If there is no will and the mother gifted this property to her grandson, then that would be illegal as to gift an immovable property, a gift deed must first be registered by the donor, where the proof of ownership must be shown, as per The Transfer of Property Act. Since she is not the sole owner of the property and so the titles are not under her name, she cannot gift it.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil